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Can I choose my wife as Executor or personal representative

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khakha167

Junior Member
What is the name of your state (only U.S. law)?

I lived in TX, I would like to make a will, my wife will be the beneficiary.
Can I choose her as executor or personal representative.
Does she has to pay any fee with that options?
Please answer me ASAP,
Thank you to all of you!


Khakha
 


anteater

Senior Member
Sure, you can nominate her as the PR.

When the will is submitted for probate, whatever the court fees are would be applicable.
 
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khakha167

Junior Member
Thank you for your answer.
So the best thing is Personal Representative rather than Executor, isn't it.
I know nothing about the law, so please explain more details for me.
I appreciate your help,


Khakha
 

latigo

Senior Member
Thank you for your answer.
So the best thing is Personal Representative rather than Executor, isn't it.
You are making a distinction in terminology here that is of no practical consequence.

Some states such as Texas label the person appointed to administer a will in probate as the executor. Others, including those having adopted the Uniform Probate Code title the office as the personal representative. There is no "best" as each performs the same functions.
 

khakha167

Junior Member
Thank you for your help. I did search on internet and found out about the living trust, it is simple, fast than the will, no need to hire a lawyer, no probate court for a long time and not much money for the fees.
Would you agree with me?
 

justalayman

Senior Member
where did a trust come into the conversation?

While you say it is easier, cheaper, and doesn't require a lawyer, you make the mistake that it being created and maintained properly by not using a lawyer or at least somebody educated in trusts, reporting requirements such as an additional tax filing for the trust, and the proper accounting of the trust.

You need to research trusts much more before making any real decision. You would be advised to speak with an estate planner to give you some specific guidance for your specific situation.
 

latigo

Senior Member
Thank you for your help. I did search on internet and found out about the living trust, it is simple, fast than the will, no need to hire a lawyer, no probate court for a long time and not much money for the fees.Would you agree with me?
You'd better think twice before getting your assets tied up in a living trust!

Under no circumstances should you do so acting solely upon the advice of the attorney willing to put you into one of those expensive boilerplate monsters.
_____________

Quoting in part from a pamphlet from the Taxation, Probate & Trust Law Section of our State Bar Association:

“Each year (citizens of the state) lose thousands of dollars though the purchases of unnecessary living trusts. . . The sales of which are often promoted by false or incomplete statements about the probate process and the taxation of estates.

You also might want to read this article by the California Attorney General “Attorney General Lockyer Warns Seniors about "Living Trust Mills" and Annuity Scams “Elder Financial Abuse: Trust Mills/Living Trust Scams – CANHR
 

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